Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
April 23, 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Salling, Kotch, Curran, and Clancy
Staff Present: Robert Sibley, Deputy Director; Tammy Hazen, Clerk
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Commissioner Peters opened the hearing at 7:30 p.m.
Violations
Vio #08-05 6 Pond View Drive. Mr. Sibley stated there has been no response from the applicant and recommends legal action. Commissioner Kotch motioned to send this violation to the Town Attorney. Commissioner Curran seconded the motion. Motion carried unanimously.
Pending Applications
Modification #05-42 Schultz Family Partnership, 127 Walnut Tree Hill Road. Application for activities relating to a subdivision.
Larry Edwards, 227 Stepney Road, Easton, CT, representing the applicant, provided an overview of this application for an eight lot subdivision. The applicant previously submitted an application for a nine lot subdivision that was denied by Planning and Zoning. The new application has reduced site disturbances. The detention basins have been moved from along Alberts Hill Road to more within the property. Mr. Edwards discussed the differences between the two plans. The primary change is within Lot #7 where a driveway will cross a small interim watercourse where they propose a simple culvert. It was noted that there is a watercourse across the street to be aware of and that was an original concern. Mr. Edwards noted that the removal of one lot has helped in making
a difference in the grading plans. The Commissioners will visit the site and the applicant will re-stake the lots.
#08-11 Jody Murphy, 6 Fir Tree Lane. Application for activities relating to the removal of a violation.
Alan Shepard from Nowakowski, O'Bymachow & Kane, 415 Howe Avenue in Shelton, provided an update of the work that the applicant has completed to resolve the violation.
Commissioner Curran motioned to approve the application with standard conditions A, B, & C and stated that the fine is to be removed. Commissioner Kotch seconded the motion. Motion approved unanimously.
#08-12 Jody Murphy, 6 Fir Tree Lane. Application for activities relating to the building of a single family residence.
Alan Shepard discussed the applicant’s plan to demolish an existing outdated home and to rebuild a new home. The only change to the footprint of the structure will be a minor bump out in the rear of the house. The property is an established site and the driveway will remain the same. Commissioner Salling asked where the construction activities would take place. Mr. Shepard stated that since there is mostly terracing in the back down to the pond, most of the work will be in the front of the site. The commissioners will walk the site. The applicant will mark the site.
#08-13 11 Church Hill Road, LLC 11 Church Hill Road. Application for activities relating to the removal of a violation.
Bill Carboni, representing the applicant, provided an overview of the application and the plans to remediate a violation. Commissioner Salling motioned to approve the application with standard conditions A, B, & C and stated that the fine is to be removed. Commissioner Kotch seconded. Motion approved unanimously.
#08-14 William Joyce, Shepard Hill Road. Application for activities relating to the removal of a violation.
Mr. Joyce owns a pond on his property with a dam that was built by the Corp. of Engineers. The dam has a 4 inch overflow pipe in the bottom of the spillway that had part of it replaced in the 1970’s. He is asking to replace the remaining pipe since it is filled with silt. He would also like to reface the dam to make it more flat.
Public Hearing
#08-04 Hattertown LLC, 22 Hattertown Road. Application for activities within a regulated area.
The applicant was not present and the item was tabled. The hearing will be closed on May 14th.
#08-09 Vona, Oak Ridge III, 46 Eden Hill Road. Application for activities relating to a subdivision.
Commissioner Salling read the notice of Public Hearing.
Atty. Tom Vetter from Keogh, Burkhart and Vetter, 34 Wall Street, Norwalk, CT, provided an overview of the application. In July of 2007 the first application was withdrawn due to previous activities that have since been resolved. An affidavit of notice was submitted.
Wes Stout, Landscape Architect from Wesley Stout Associates, 96 Main Street, New Canaan, CT, provided an overview of the project. The site consists of 79.32 acres with frontage on Eden Hill, Oak Ridge and Split Rock roads. The applicant is proposing 17 building lots. The wetlands have been reviewed by three different professionals and have been well documented. There are seven vernal pools. The open space component includes over eleven acres and links to other Town open space parcels. The applicant is also proposing a conservation easement of about five acres bordering the wetlands.
Commissioner Peters asked if they plan to demolish the existing house. Mr. Stout said that it would be left up to the buyer and that they do not have any plans to demolish the house.
Martin Malin, P.E., Tighe & Bond, 1000 Bridgeport Avenue, Shelton, CT, discussed the drainage and roadways and that the utilities will be underground. There will be a 30,000 gallon fire protection tank and the existing fire pond could be used as a back-up. There property affects two major watersheds, the Aspetuck and Pootatuck.
Michael Klein, Environmental Consultant from Hartford, CT, discussed the wetlands and also noted that there were no disputes over the wetland boundaries.
Jim McManus from JMM Wetland Consulting Service, 25 Church Hill Road, Newtown, stated that he has reviewed the project and walked the site. He is satisfied with the wetland boundaries and will provide a report at the next meeting. Mr. McManus feels that the fire pond has an established environment and should be left as a natural habitat.
Commissioner Peters asked for public comments.
Charles Foster from 4 Split Rock Road is concerned about endangered species and asked how the abandoned property will be used.
Mr. Sibley asked that the applicant provide information on the easement by the next meeting.
Commissioner Salling stated concerns over Lot #17 and asked if they would consider a reduction in the number of lots.
There were concerns voiced regarding the number of cul-de-sacs in regards to impervious surfaces.
Commissioner Kotch stated this would be too intense of a development within the wetlands.
Other Business
Minutes – April 9, 2008 – Commissioner Salling motioned to approve minutes with changes. Commissioner Kotch seconded the motion. Motion approved unanimously.
Acceptance of New Applications
#08-15 Philip Archard, 30 Zoar Road. Application for activities within a regulated area.
Commissioner Kotch motioned to adjourn the meeting at 10:08 p.m. Seconded by Commissioner Salling. Motion carried unanimously.
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